49 CFR 386.1 : Transportation (§ 1.1 To Parts 1581-1699) — (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Other Regulations Relating To Transportation (Continued) (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Federal Motor Carrier Safety Administration, Department Of Transportation (Parts 300-302 To Appendix G To Subchapter B Of Chapter Iii) — Federal Motor Carrier Safety Regulations (§ 350.101 To Appendix G To Subchapter B Of Chapter Iii) — Rules Of Practice For Fmcsa Proceedings (§ 386.1 To Appendix B To Part 386) — Scope Of Rules; Definitions And General Provisions (§ 386.1 To § 386.8) — Scope of the rules in this part.

4 Aug 2016

(a) Except as provided in paragraph (c) of this section, the rules in this part govern proceedings before the Assistant Administrator, who also acts as the Chief Safety Officer of the Federal Motor Carrier Safety Administration, under applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399), including the commercial regulations (49 CFR parts 360-379), and the Hazardous Materials Regulations (49 CFR parts 171-180).

(b) The purpose of the proceedings is to enable the Assistant Administrator:

(1) To determine whether a motor carrier, intermodal equipment provider (as defined in § 390.5 of this chapter), property broker, freight forwarder, or its agents, employees, or any other person subject to the jurisdiction of FMCSA, has failed to comply with the provisions or requirements of applicable statutes and the corresponding regulations; and

(2) To issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both, if such violations are found.

(c) The rules in § 386.12(e) govern the filing by a driver and the handling by the appropriate Division Administrator of complaints of coercion in violation of § 390.6 of this subchapter.


Editorial Note:

At 80 FR 78381, Dec. 16, 2015, § 386.1 was amended by adding paragraph (c), effective Feb. 16, 2016, however, paragraph (c) already exists, thus the amendment could not be incorporated.

49 CFR 386.1
[73 FR 76819, Dec. 17, 2008, as amended at 80 FR 74709, Nov. 30, 2015]